When you give us information and/or data, you warrant and represent that you own or have the right(s) to provide us such information / data, and that it is accurate. You further warrant that you are not on any of the U.S. Government Lists of prohibited or restricted parties or acting on such a party’s behalf; that you are not accessing this site from, on behalf of, or in association with an Embargoed Country (as that term is used by the U.S. Government); and that you not violating any worldwide laws or regulations by accessing this site. You agree that you will not upload interfering code, take any action that causes damage or harm to Harmonic or its system(s), attempt to gain access to Harmonic’s system other than that granted, or violate any applicable laws in your use of the site or the Materials.
Although Harmonic has attempted to provide accurate information on this site, Harmonic assumes no responsibility for the accuracy of the information or the Materials. Harmonic may change the programs, products, or Materials mentioned at any time without notice. ALL INFORMATION PROVIDED ON THIS SITE IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, HARMONIC AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. HARMONIC AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY HARMONIC PRODUCT OR INFORMATION OR MATERIALS, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS, EVEN IF HARMONIC OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Product (Firmware/Software) Licenses
This license permits you to use the software and/or firmware license(s) that you purchased, as identified in your Sales Order Acknowledgement, in accordance with the Harmonic product description and associated documentation. This license may not be used on any other device other than that for which this license specifies, and shall not be used to exceed the quantity or type of software/firmware licenses purchased as identified in the product description and in your Sales Order Acknowledgement. This license is subject to the terms of the Harmonic End-User License Agreement below. IMPORTANT-READ CAREFULLY: By using the software/firmware program(s) you purchased from Harmonic, you agree to be bound by the terms of this End User License Agreement. If you do not agree to the terms of this agreement, promptly return the software/firmware to the place from which you obtained it.
1. GRANT OF LICENSE. This End User License Agreement (“Agreement”) permits you to use one copy of the enclosed Harmonic software and/or firmware programs for which you have purchased a license (“SOFTWARE”) on a single system (“Licensee”). The SOFTWARE is in “use” on a system when it is loaded into temporary memory (i.e., RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or other storage device) of that system.
2. RESTRICTIONS. In the event Harmonic furnishes media containing additional software/firmware programs or routines for which you have not purchased a license, you shall make no attempt to copy, use, or disclose such software programs or routines for any purpose. The SOFTWARE may not be used by more than two processors at any one time on the single system running the SOFTWARE. You may not disclose, transfer, sublicense, rent, or lease the SOFTWARE. You may not modify, reverse engineer, decompile, or disassemble the SOFTWARE.
3. UPGRADES. If the SOFTWARE is an upgrade you may use the SOFTWARE only in conjunction with the prior version(s) of the SOFTWARE.
4. COPYRIGHT. The SOFTWARE and any accompanying printed materials are owned by Harmonic or its suppliers and are protected by United States copyright laws and international treaty provisions. You may not copy the SOFTWARE, except that you may transfer the SOFTWARE to a single hard disk provided you keep the original solely for archival or backup purposes. You may not copy the printed materials accompanying the SOFTWARE. The SOFTWARE is licensed and not sold. All rights reserved.
5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE in more than one medium. You may not use the other medium on another system or loan, rent, lease, or transfer the media to another user, nor print copies of any user documentation provided in “on-line” or electronic form.
6. WARRANTY. This SOFTWARE is warranted in accordance with Harmonic Sales Terms and Conditions in effect at the time of license purchase. HARMONIC AND ITS LICENSORS HEREBY DISCLAIM ALL OTHER WARRANTIES WHETHER EXPRESSED, STATUTORY OR IMPLIED, WHETHER ORAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. COMMERCIAL ITEM – U.S. GOVERNMENT RIGHTS. The deliverable is a “commercial item” as set forth in 48 CFR 2.101 or 48 CFR 227.7102, including the SOFTWARE which consists of commercial computer software and/or commercial computer software documentation as defined in 48 CFR 12.212 (Sept. 1995) or 48 CFR 227.7202 (June 1995), and 48 CFR 12.211 (Sept. 1995). The Government shall acquire only the same rights as customarily provided to the public. Manufacturer is Harmonic Inc., 4300 N. First Street, San Jose, CA 95134 USA.
8. EXPORT RESTRICTIONS. You agree to comply with all laws and regulations that apply to the SOFTWARE required by U.S. or other governments, including but not limited to, U.S. Export Administration Regulations and end-use restrictions in the country of destination.
9. GOVERNING LAW. This Agreement is governed by the laws of the State of California. LIMITATION OF LIABILITY. HARMONIC’S TOTAL LIABILITY ARISING OUT OF THIS AGREEMENT WILL BE LIMITED TO THE LICENSE FEE PAID BY LICENSEE FOR THE SOFTWARE. IN NO EVENT WILL HARMONIC OR ITS LICENSORS BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR PRODUCTS, ANY LOST PROFITS OR SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE DAMAGES, OR DAMAGES UNDER ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT HARMONIC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The limitations of this section shall survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
THIRD PARTY CONTENT
Software from Harmonic third party licensors may be contained in the SOFTWARE as indicated below. Such third party licensors are third party beneficiaries of this End User License Agreement and the provisions made herein are for the benefit of, and are enforceable by Harmonic, and its licensors. Also see product and/or applicable End User License Agreement. The following Microsoft® products may be provided with the SOFTWARE and/or may be pre-installed as part of the Harmonic SOFTWARE solution: Microsoft Windows® 2000, Microsoft Windows® XP Professional, Microsoft Windows® 2003, Microsoft Windows® server™ 2000, Microsoft Windows® server™ 2003, Microsoft Windows® Installer Redistributables 3.0, Microsoft Windows® Installer Redistributables 4.0, Microsoft SQL Server™ 2000 Client Access License, and Microsoft SQL Server™ 2008 Client Access License. Each Microsoft product is subject to its respective Microsoft End-User License Agreement that is provided with the Microsoft program and media. Each Microsoft product may only be used in conjunction with the Harmonic SOFTWARE solution as provided to you by Harmonic and in accordance with its related documentation.